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No. 39 of 1909.
Duplicate plan.
Works authorised.
HARBOUR OF REFUGE.
or sea bed adjoining and lying to the south of Kowloon Marine Lot No. 32 shall not be altered so as to extend to the westward of the position shown on the said plan.
(3) During the construction of the said works, such cofferdams, stagings, and other accessory works as may be necessary or convenient for the execution of the said works, may be temporarily constructed and maintained within the limits specified in sub-section (2).
3. A duplicate of the said plan signed and countersigned as aforesaid shall be deposited in the Land Office.
4. The works authorised by this Ordinance comprise the following:-
(1) The constructing of a detached rubble-mound break- water commencing at a point about 1,000 feet south by east of the south-western corner of Kowloon Marine Lot No. 32, and terminating at a point about 900 feet west by north of the north-western corner of Kowloon Marine Lot No. 49; the said breakwater to be constructed entirely on the sea bed of the harbour.
(2) The constructing of a masonry jetty commencing at the western end of Saigon Street, and terminating at a point about 450 feet west by north of the point of commencement; the said jetty to be constructed on the foreshore and sea bed of the harbour.
(3) The reclaiming of a portion of the foreshore or sea bed adjoining and lying to the south of Kowloon Marine Lot No. 32, and the protecting of the area so reclaimed by means of walls and other necessary works.
(4) The levelling and reclaiming of the area of Crown land, foreshore or sea bed bounded as follows:-On the north by Public Square Street; on the east by Reclamation Street, Kowloon Inland Lots Nos. 563 and 562, and Canton Road; on the south by Kowloon Inland Lots Nos. 555 and 559, Battery Street, Kowloon Inland Lots Nos. 563 and 565, Canton Road, and Saigon Street; and on the west by imaginary lines connecting a point on the north side of Saigon Street and about 250 feet distant from the west side of Canton Road with a point on the south side of Public Square Street and opposite to the south-western corner of Kowloon Marine Lot No. 39.
HARBOUR OF REFUGE.
No. 39 of 1909.
Governor for purposes of
5. It shall be lawful for the Governor to remove, destroy, Powers of divert, stop up, raise, lower, inclose, or otherwise alter such streets, drains, sewers, vacant ground, wharves, piers, land- effecting ing places, rails and other things as may, in the discretion of the Governor, be necessary or desirable for the purpose of effecting the works authorised by this Ordinance.
works,
6. The Governor shall maintain the said refuge works Maintenance out of moneys to be provided from the general revenue.
of works.
7. So far as the said works (including any accessory Past work works) have heretofore been constructed and maintained, legalized. such construction and maintenance is hereby validated.
8. All public and private rights of navigation or fish- Determina-
tion of public ing, and all public and private rights of access, user, and private possession or occupation, and all other public or private rights. rights (if any) in, upon, and over such portions of the land, sea bed and foreshore as are or shall be occupied by the said works, are hereby determined, and shall be deemed to have ceased to exist prior to the commencement of the said works.
9. Nothing in this Ordinance shall be in derogation of any Saving of of the powers or rights of the Crown in respect of the said rights of the sea bed and foreshore.
Crown.
reclaimed
10. The land, sea bed and foreshore levelled or reclaimed Property in under this Ordinance is hereby declared to be absolutely the foreshore property of the Crown, free from any restriction whatever, and sea bed and may be dealt with and disposed of as any other Crown ('rown, lands.
vested in
11. Nothing in this Ordinance shall be deemed to recognise For eshore any foreshore rights whatever against the Crown, nor shall rights not recognised. anything in this Ordinance be deemed to affect any right or claim as between lessees and sub-lessees or tenants inter se.
claims for
certain
*
12. (1) Any of the persons whose names appear in the Provision for Land Office as the registered owners of Kowloon Marine Lots injurious Nos. 29, 30 or 31, or of any section or sub-section having a affecting of frontage on Reclamation Street of either of the said lots or of Marine Lots. Kowloon Marine Lot No. 32 (who are hereinafter referred to as the claimants) shall, if they deem that their property may be injuriously affected by reason of its access to the sea being interfered with by the works authorised by this Ordinance, on or before the 31st day of December, 1909, deliver to the * As amended by Law Rev. Ord., 1924.
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